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Guerro wrote:One of my friends who is hiring a lawyer was told by his lawyer that:
''In cases of retention, The HO issues a new rc for five years and after those five years you can apply for pr on your own. At that time you will have spent 6 to 9 years in the uk. If you want to apply after 5 years of total residence in the uk, you need your ex's help.
This is wrong anyway but this is the way the home office applies the directive. Take them to court if you wish.''
The problem with the directive is misapplication and misinterpretation of its articles
i know what you mean but the home office is asking for lots of papers from the ex partner to make it difficult for applicants. i advised my friend to wait an extra 5 years and apply for pr on his own. he didn't even get a reply regarding his retention and i'm sure it will be refusedbobobo wrote:Hi Guerro - afer you have retained your rights you can still apply after 5 years of residence as once you apply for retention you have already proved that your ex was exercising treaty rights in UK whilst divorce and you can successfully saty on in the UK independently. After 5 yeasr you will need to prove that the non eea national has been exercising treaty right. I am not sure if you have to wait for the second RC to expire.
many people have applied for PR after the 5 year period and have just proved that the eea national was exercising treaty rights in the UK.
Guerro wrote:One of my friends who is hiring a lawyer was told by his lawyer that:
''In cases of retention, The HO issues a new rc for five years and after those five years you can apply for pr on your own. At that time you will have spent 6 to 9 years in the uk. If you want to apply after 5 years of total residence in the uk, you need your ex's help.
This is wrong anyway but this is the way the home office applies the directive. Take them to court if you wish.''
The problem with the directive is misapplication and misinterpretation of its articles
But it should.bobobo wrote:86ti - The reseidence permit is just like the old one and nothing no where states that I have retained my rights of reisdence.
86ti wrote:But it should.bobobo wrote:86ti - The reseidence permit is just like the old one and nothing no where states that I have retained my rights of reisdence.
Do you have a visa, or a Permanent Residence Card?apenteado wrote:I've had just the same problem as you and I've sent a letter to the HO (addressed to the case worker that signed the letter I received) 4 weeks ago. I haven't heard from them yet. I didn't send my passport.
My visa doesn't state either that i retained my rights even tough I had sent my divorce certificate etc
I have two business trips to the Spain and France booked for for the next weeks and can not miss them. I was wondering what kind of problem I might have at the airport and how do you recommend I do.
apenteado wrote:"So in your hands you have your passport and your RC, but it is mislabeled as being family member of an EU citizen when you are actually the ex-family member of an EU citizen. Correct?"
Yes, this is right. My problem is that even if In my application I had sent all my divorce docs I have no way of proving it as when the HO returned my application they don't acknowledge receiving anything. How can I prove that I have actually applied and was granted the right to retain my residency after my divorce if the covering letter doesn't mention it?
What documents would you recommend me to take with me?
My copy of my application and covering letter? The letter I have sent to the case worker?
What should I say to the IO if he asks me about my wife? (questions I've answered for the last 5 years). I definitely don't want to lie to the IO.
Thanks for your help.